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Who was the occupier in carbon monoxide poisoning case?

Personal Injury Compensation

Who was the occupier in carbon monoxide poisoning case?

Essex County Council and Others v Joanne Davies and Others [2019] EWHC 3443 (QB)

The dangers of carbon monoxide are well publicised. In a recent case, the High Court considered the position of a local authority and a governing body, acting as landlords of college premises, and found that they were not “occupiers” of the building for the purposes of the Occupiers’ Liability Act 1957. As such, they did not owe a duty of care to employees of the college who sustained injuries after they had been exposed to carbon monoxide caused by a faulty boiler. Interestingly, the judge held that the rule in the century-old case of Cavalier v Pope [1906] AC 428 was still binding.

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